Amestoy

Amestoy v. United States

Good Law
United States District Court, Eastern District of CaliforniaNovember 10, 20211:20-cv-01075California374 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY AMESTOY, No. 1:20-cv-01075-NONE-SKO

Plaintiff, v. ORDER DIRECTING CLERK TO ASSIGN A

DISTRICT JUDGE TO THIS MATTER AND

UNITED STATES OF AMERICA, CLOSE THE CASE

(Doc. 30) Defendant.

17 On November 8, 2021, the parties filed a joint stipulation that this action be dismissed with prejudice. (Doc. 30.) In relevant part, Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure provides as follows: [A] plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary 23 judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared. 24 Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily, after 25 service of an answer, by filing a written stipulation to dismiss signed by all the parties who have 26 appeared, although an oral stipulation…

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